NOTES OF DECEMBER 22, 2014 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

Present: Selectmen Mills, Musselman and Jenness. Also present: Town Administrator Michael Magnant, Town Finance Director Cyndi Gillespie, Police Chief Kevin Walsh, Public Works Director Dennis McCarthy, Interim Fire Chief Tom Lambert, Recreation Director Lee Arthur, Assessor David Hines, Building Inspector Peter Rowell.

Persons present from the public included: Susan Anderson, Steven Borne, Mel Low, Deidre Smyrnos.

Editor’s note: For ease in finding particular sections using the archived video and audio on the Town website, the elapsed time is indicated. Use the slider and the elapsed time indicated at the bottom of the video window to fast forward to the desired section. Videos on the Town website may currently be accessed at www.town.rye.nh.us by clicking on “Town Hall Streaming” at the bottom left of the screen. Follow the link for “Town Hall Live Streaming,” then find the meeting by date under “Previous.”

The video starts at 6:38:08 p.m. (0:00 elapsed).

Summary

1. Recycling Education Committee continues to push pay-as-you-throw warrant article.

2. Town will look at turning on Portsmouth Public Media TV (channel 98) in Rye. First year cost will be zero, but PPMtv will ask for $5 per household in subsequent years. Selectmen propose a 2016 warrant article after the pilot.

3. Rob Doyle is selected as Clerk of the Works and Owners Representative, contingent on approval of the Town Hall project. Town Hall Committee’s role to be restricted to choice of colors, textures and materials.

4. Selectmen continue to work on fireworks ordinance.

5. Selectmen agree to add $25,000 to the budget for striping of parking spaces on Route 1A, however no commitment to do so has yet been made.

6. Selectmen adopt policy prohibiting dogs in public buildings.

Announcements (0:00 elapsed)

Selectman Musselman announced that the new Town Flag is flying on poles.

Selectman Mills praised the police for preventing a suicide at Odiorne Point.

Consent agenda (2:26 elapsed)

Additions were made to existing agenda items relating to the Blue Ocean Society and recognition of Roads Scholar awards for DPW staff. These were the acceptance of $545 in donations in memory of Otto Grote, $200 for the Goss Farm, and $4325 for the Heritage Commission in connection with the Town Hall project. All were in favor of approving the entire consent agenda.

Minutes (3:49 elapsed)

The minutes of the December 8 meeting were approved with minor changes. With regard to Warrant Article K on booting, it was decided that quotations around “must appear in court summons” would make it more clear.

Pay-as-you-throw trash program (9:02 elapsed)

Mel Low addressed this proposed petitioned warrant article. He said that he wanted to make sure that the Board of Selectmen agreed with the wording. He stated that he had met with representatives of Eliot, ME, and that, six months into their program, they had reduced the trash from 816 tons to 336 tons annually, a 59 percent reduction that includes both the food scrap and bag programs. He knows that big numbers are coming up with the Town Hall remodeling. He also mentioned the Conservation Bond. They are projecting $151,000 in annual savings from the SMART (f.k.a. pay-as-you-throw) program, which would cover 60 percent of the estimated cost of $3 million to $4 million for the Town Hall. Editor’s note: “SMART” is an acronym for “Save Money and Reduce Trash.” Mr. Low’s 60 percent would imply annual Town Hall debt service costs of approximately $250,000, which would be the approximate initial debt service (principal and interest) cost for $3 million financed over 20 years at 3 percent interest. Taxes have been increasing the past few years and his taxes are now up to $9000 annually, Mr. Low said. The Rye Energy Committee also supports this program after reviewing the numbers. He believes that some of the arguments against it go back to the 1970s with the implementation of recycling. It was said at that time that people would throw trash in the woods. That never happened.

Selectman Jenness questioned Mr. Low’s figure of a 30 percent reduction in waste and how that would be computed if the program did not begin until after the March election. Mr. Low stated that his figure is based on 1200 tons and is an annual figure.

Selectman Jenness stated that she had been “appalled” that when the program was initially presented, biodegradable bags had not been assumed. Mr. Low stated that using such bags would increase the cost substantially. Ninety percent of the trash is currently disposed of in plastic bags, so it would not be any worse than it is now. With regard to the food waste program, they have decided not to propose biodegradable bags due to the cost. Many people are bringing such waste in in buckets, he said.

Selectman Musselman asked whether an appropriation would be needed for the program to provide a stock of bags for retailers. He acknowledged that sales of the bags would provide revenues to allow replenishment of the stocks. Town Administrator Magnant stated that Concord had advanced the funds for the stores. Editor’s note: Town Attorney Donovan is the former Mayor of Concord. It became apparent later in the discussion that he had reviewed the draft warrant article. Selectman Musselman cautioned that, if the warrant article passes without an appropriation being included, and funds are needed to place the bags in the stores, the Town would be unable to start the program.

Susan Anderson of the Recycling Education Committee stated that they had assumed that the retailers would advance the funds. However, she acknowledged that Eliot had provided retailers with the initial funds required to establish stocks. She asserted that retailers are happy to stock the bags as they help build store traffic.

Selectman Musselman suggested that the issue be revisited on January 8. Petitioned Warrant Articles are due January 13.

There was then discussion about whether there would be a second petitioned warrant article for the food scrap program. Mr. Low stated that there would not be. The pilot program would be expanded from the current 50 participants. Bags would not be used. Editor’s note: Apparently this would result in the program being of no additional cost to the town, as the fee charged by the food scrap recycler is comparable to the tipping fees for disposing of the Town’s trash.

Lot unmerger request, 111 Grove Rd. (28:40 elapsed)

Town Administrator Magnant described how, until 2012, the town had had an ordinance permitting the merger of adjoining lots under common ownership. State legislation in 2011 made this illegal, and owners were given an opportunity to unmerge involuntarily merged lots. The Town Attorney, Assessor and Planning Administrator have looked at this particular request. Although there is an indication that the lots were treated as merged at one point, the Town Attorney has opined that, based on a Superior Court case, such treatment alone is insufficient to indicate that the lots have been voluntarily merged. There is a boat structure on the property, but that is temporary, he said.

There were references to Book 1590 Page 66 and Tax Map 7, Lot 71.

There was then discussion about adjacent land not draining properly.

The applicant stated that he had owned the property since 2011. Selectman Musselman stated that he had visited the property after the 2006 Mothers’ Day Storm.

The unmerger motion, which was made contingent upon a draining and grading plan if there is a subsequent proposal to develop the unmerged lot, carried unanimously.

Appeal of Flood Map, O’Meara, 2220 Ocean Blvd. (40:57 elapsed)

Building Inspector Peter Rowell explained that the applicant was attempting to remove an area from the flood plain. He had retained the Woods Hole Group, which had taken the work of the FEMA engineers and placed the same data into a different model, coming up with a different result.

Town Administrator Magnant indicated that it is not necessary that the Town independently evaluate the science. They may simply pass the appeal along.

Selectman Musselman complained about the process for appeals. Municipalities do not have the money to conduct analyses to challenge FEMA. The process is unfair and proceeds too quickly. It is outrageous for FEMA to claim that the process is open to public scrutiny when they won’t send representatives to meetings. He would be interested in finding out how much the applicant paid to conduct the study, but requested that disclosure be through the Town Administrator so that it does not need to be publicly disclosed. He also noted that, in accordance with the statute, sea level rise is not taken into account in providing the flood maps. That means that any reprieve is likely to be temporary, he said.

Mr. O’Meara explained that, without this appeal, the excess portion of his insurance would triple. If his request is granted, it would help others to improve their ratings.

Selectman Jenness moved to pass this appeal on to FEMA. Selectman Mills seconded. All were in favor.

Portsmouth Public Media Television request to include Rye (54:20 elapsed)

Dave Underhill, a volunteer for PPMtv introduced two other individuals from PPMtv who were present: Bill Humphreys, Executive Director and Pat Collins, Vice President of the Board of Directors. He stated that they are a 501(c)(3) organization. For a number of years, meetings in Portsmouth like this one have been carried on Channel 22. Subsequently, their non-profit organization was launched to provide other content, including arts, entertainment and education, on Channel 98. They will have been on the air three years as of March 1.

Production is provided by volunteer members, of which 6-8 live in Rye. PPMtv helps with training. The content is provided by others. The channel is available 24/7, with about 4.5 hours per week of content produced by PPMtv and the remainder pulled from other sources via satellite or the Internet. About 2 to 2.5 hours per day consists of public service announcements. The model is similar to New Hampshire Public TV in that they do not sell commercials.

Selectman Musselman asked about the benefit of providing the Rye meetings that are covered by streaming video. A PPMtv representative stated that there are people with televisions that do not have Internet access. There would be no cost to turning Channel 98 on in Rye. All that would be needed is the OK from the town. This would be provided at no charge for the first year. However, it would be unfair for Portsmouth cable customers, who pay a franchise fee to support them, to provide a service for Rye at no additional charge long-term.

Selectman Musselman indicated that the proposal appeared to involve a $5 charge for each household. As there are 2200 households in Rye, that would be $11,000 annually. Town Administrator Magnant indicated that the cost of the current video streaming is $2500 annually. Selectman Musselman indicated that there was some indication that the charge could be based on the number of cable subscribers rather than households. The PPMtv representative indicated that Comcast would not supply them with that data, or data on the number of persons watching various programs. However, all of their content is also accessible on You Tube. They get 10-12 thousand hits monthly. Town Administrator Maganant stated that the comparable figure for video streaming is about 50 per month.

Selectman Musselman indicated that there was no cost for PPMtv or downside for the Town. If the pilot was to continue, there would need to be a warrant article in 2016 so that voters could decide whether to agree to the charge.

Selectman Jenness asked about releases for persons participating in events that are televised. The PPMtv representative explained that programming involving Portsmouth High School students is subject to an opt out. Only 27 students are on the opt out list. This requires, however, that all video involving these students must include the names so that it may be compared against the opt out list before being broadcast.

Selectman Musselman asked whether other towns were being approached. The response was that Rye was the first. Some of the other towns would require an investment for technical infrastructure.

(77:22 elapsed)

There was then discussion about the Town’s current contract with Comcast. According to Town Administrator Magnant, it includes the opportunity to implement a franchise fee. However, providing a line to the head end to enable town programming to be broadcast would cost about $30,000.

Selectman Jenness expressed concern about people not coming to meetings if they may be watched at home. The PPMtv representative indicated that Rye meetings would not be covered live. The appropriate time slot would be negotiated. Selectman Musselman quipped that that might be 2:00 to 5:00 a.m.

There was then discussion about whether this would be worth having Rye pursue this further. Selectman Musselman indicated that the number of cable subscribers in Rye is unknown and cannot be found out. Selectman Mills complained that the cost would be $11,000 annually whether 500 people use it or more. Selectman Musselman said that the results of the warrant article would indicate whether people want this. Selectman Jenness stated that they wouldn’t want to guarantee that voters would approve this. However, it cannot hurt to try.

Town Administrator Magnant indicated that quality improvement might be needed to the Town video before televising is undertaken. They also need to figure out how to get the video to PPMtv. This might involve having Janice download the video files and send them to PPMtv. Selectman Jenness expressed concern about adding to the workload of Town employees.

Steven Borne, speaking from the audience, stated that, if PPMtv were to take off in Rye it would not be from meeting coverage. The focus should be on other content, he said. There was then discussion about the annual cost for members wanting to provide content being approximately $100 per year.

Selectman Jenness pointed out that a problem with the current streaming is that the camera is fixed, which means that there is no ability in many cases to observe materials being presented. Mr. Magnant stated that he agrees with Mr. Borne. In the absence of content beyond what is currently being streamed, there would be a limited viewership. Selectman Musselman noted that the number of households unable to access streaming is decreasing every year.

The motion to authorize Mr. Magnant to pursue this program carried unanimously. PPMtv stated that they would provide a summary of You Tube hits on the content. It was confirmed that coverage would be only through Comcast, not Direct TV.

Abatement, Harbor Rd. (100:04 elapsed)

Assessor David Hynes addressed this. He stated that this property is part of the subdivision of the property on which the Saunders Restaurant had been located. The reduction to $831,400 is about as close as he can get without doing a complete analysis, which he will be doing based on sales data from the other Harbor Rd. properties. The owner is very pleased as the new assessment is close to the $820,000 that he paid for the property.

There was then discussion about the reason that the property is referred to as “0 Harbor Rd.” Mr. Hines stated that the Fire Department has requested that lots without structures on them be so designated so that emergency calls involving vacant lots are appropriately identified. The Fire Department assigns addresses, he said.

Selectman Jenness moved to approve a $173,800 abatement on map 092, lot 022. All were in favor.

Recreation Department Facilities Study (102:37 elapsed)

Selectman Musselman stated that he and two other persons: Lee Arthur and Gregg Mikolaities, had reviewed the proposal and interviewed a short list. Chris Williams Architecture of Meredith, NH has been selected. The Recreation Department would like to enter into the contract and encumber the funds. The initial work would be done after Town Meeting, and would extend from April through early fall. The anticipation is that there would be close work with a committee appointed by the Board of Selectmen. That committee would include members of the Recreation Commission, perhaps the Conservation Commission, the Budget Committee and citizens. He has in mind some persons who prefer smaller facilities and lower expenditures.

The motion to authorize the expenditure of $20,000 in 2015 carried unanimously. Recreation Director Lee Arthur noted that the funds would come from the revolving fund.

Owners Representative for new Town Hall Building (106:57 elapsed)

Selectman Musselman stated that the subcommittee selecting this representative, who would also be Clerk of the Works, had consisted of him, Mike Magnant, Victor Azzi, Peter Kasnet, Dennis McCarthy and Peter Rowell. Three proposals were received and two applicants were interviewed. The subcommittee’s unanimous recommendation is that Rob Doyle be retained. He is both a licensed Professional Engineer and a Licensed Architect. His rate is $100 per hour. The position would be in Rye part-time and there would be coordination with Peter Rowell who would pass observations on to Mr. Doyle.

Selectman Musselman stated that they

“would structure the construction administration of this project such that the Town Hall Committee has no active role in it other than to meet with the architect periodically to review colors, textures, materials of interior improvements, but we would let the professionals administer the construction project and we would look to the contractor, Rob Doyle who represents the Town of Rye, our Owner’s Representative and SMP who is the Town’s Architect, who represents the Town of Rye, but performs the architectural function, to work together, work through problems, solve problems and bring the building in well.”

Selectman Musselman stated that this is not a role that Rob Doyle normally plays. However, he is fully capable of resolving issues and ensuring the quality of the project. Bids will be coming in from three competitors. Selectman Musselman stated that he is very comfortable with the team of Rob Doyle, SMP and one of the three contractors who will be selected in January.

Selectman Jenness referred to a good job that Mr. Doyle had done with the assessment of the Old Fire Station. Editor’s note: She appeared to mean the Old Police Station, also known as the 1899 Trolley Barn, the assessment of which was funded in the amount of $9800 by 2013 Warrant Article 5, which passed 691-391.

The motion to approve the retention of Mr. Doyle, contingent upon approval of the Town Hall Project, for an amount not to exceed $80,000, carried unanimously.

Public Safety Building Energy Audit (111:55 elapsed)

Town Administrator Magnant stated that he, Interim Fire Chief Lambert, Police Chief Walsh, Michele Sopher of the Energy Committee and Public Works Director Dennis McCarthy had evaluated six responses to an RFP. One response was significantly lower, however the bidder also expected to finance a follow-on project. None on the committee was enthused with that bid response. A high response for $21,500 was also eliminated. That left three responses, all of which were within $250. They decided to recommend RBG from Concord, with a bid amount of $6975. References were checked and the firm is highly regarded. The motion to award the project to RBG carried unanimously.

Fireworks ordinance (115:24 elapsed)

Ms. Gillespie stated that the matter would need to be tabled to the January 8 meeting. There was discussion about the fireworks ordinance. Selectman Musselman stated that the ordinance needs to be more clear as he could not tell whether cherry bombs would be prohibited.

Route 1A striping and Town Clerk’s Office (116:52 elapsed)

Ms. Gillespie stated that they have a $25,000 estimate for striping on Route 1A, but said that the Operating Budget needs to be deferred pending a decision relating to the Town Clerk’s Office.

Selectman Musselman said that there would not be a vote that night, but there was the question of whether the $25,000 should be added to the 2015 Operating Budget for the Public Works Department or whether it should be a warrant article. If budgeted they would have the option of doing the striping. If it is a warrant article, people could vote on whether traffic safety should be improved at intersections and driveways while reducing parking by 140 spaces with the risk that parking would go up the side roads.

Selectman Jenness said that people are upset with the crowding. Selectman Musselman acknowledged that they had heard them. Selectman Jenness suggested that it be put in the budget as there were going to be a lot of warrant articles. Selectman Musselman stated that he was in agreement. Before a decision, however, what it means in terms of traffic safety and the reduction in parking needs to be publicized so that people have an opportunity to “vent their spleens” on either side of the issue.

Mr. Magnant stated that, although Mr. McCarthy is recommending $25,000, however the analysis indicates that it could be as high as $35,250. Mr. McCarthy stated that they had been liberal to make sure everything is covered. The zone of Sea Rd. to Harbor Rd. and Ragged Neck to Wallis Sands was included. Selectman Musselman stated that a smaller zone could be done if the funds were insufficient. Mr. McCarthy said that the stripers are accustomed to doing parking lots and had difficulty quantifying the amount, but figured $100 to $150 per space.

Selectman Musselman said that the issue would be entertained on January 8.

Encumbrances (122:00 elapsed)

Ms. Gillespie stated that the total for the General Fund is $201,222.32 for projects that are being worked on. Editor’s note: Ordinarily, the amount appropriated for a particular year must be spent in that year or the funding is lost. There are exceptions, however, one of which is that, if a contract is in place to expend the funds, the budget items may be “encumbered,” or carried forward to the following year.

Selectman Musselman asked why Tighe & Bond was $20,000. Ms. Gillespie stated that that was a typo, that it should be $10,000. Selectman Musselman asked why Tighe & Bond was listed under the Sewer budget. He stated that Wright Pierce, not Tighe & Bond, was doing all of the engineering relating to the Sewer. Ms. Gillespie stated that she would look into this.

Selectman Musselman asked why nothing was being encumbered for the drainage plan being done by Wright Pierce as he had not seen a copy of the report. Mr. McCarthy stated that he had a copy of the report and the bill had been paid.

The motion to approve the $201,222.32 encumbrance carried unanimously.

There was then discussion on the $2304.50 for sewer. It was decided that the data presented was confusing and a decision was deferred to January 8.

The motions to approve a $20,000 encumbrance for Christopher Williams Architecture and a $10,000 encumbrance for Tighe & Bond carried unanimously.

Selectman Musselman stated that everything except the $2304.50 had been addressed. That would be done on January 8.

Waiver of late fee and interest, Patricia Henschke (128:37 elapsed)

Mr. Magnant stated a signed letter was now available, while the prior request had been an e-mail. The motion to approve the waiver carried unanimously.

Dogs in Town facilities policy (129:18 elapsed)

Mr. Magnant stated that two policies had been prepared as he was unsure whether the Board had requested a policy applying to all town buildings or just the Town Hall. Selectman Musselman suggested that it apply to all town buildings, as an employee bringing a dog to the Public Safety Building had previously been a problem. Selectman Jenness agreed. Selectman Mills stated that it was more than he had asked for but that he would support this policy. The motion to approve the policy carried unanimously.

Steven Borne comments on use of Old Police Station (130:12 elapsed)

Mr. Borne stated he was in favor of storing the Senior Serve van in the facility, but that he had talked with a landscaper about what it would cost to turn the plot on which the building is located into an indoor playing field. There are two “eight and under” Rye youth soccer teams that are unable to obtain indoor playing space in the area for spring and winter play. He said that the property could have value.

Selectman Mills stated that he had had two inquiries. Selectman Jenness stated that it is a Town asset with value. There is a current need that it be used for storage, she said. It may have shown itself to be required for storage of the van.

Selectman Jenness spoke of a lack of parking. Mr. Borne said that there is plenty of parking at the Church, and that most of the participants are dropped off.

Adjournment (133:04 elapsed)

There being no other business the motion to adjourn carried unanimously.